Opening Options

More Resources

Status:

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;

where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Investigatory Powers Act 2016, Section 243.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

(b)in subsection (5) (conduct in relation to which the Tribunal has jurisdiction) after paragraph (b) insert—

“(ba)conduct for or in connection with the obtaining of secondary data from communications transmitted by means of such a service or system;

(bb)the issue, modification, renewal or service of a warrant under Part 2 or Chapter 1 of Part 6 of the Investigatory Powers Act 2016 (interception of communications);”,

(c)in subsection (5) for paragraph (c) substitute—

“(c)conduct of a kind which may be permitted or required by an authorisation or notice under Part 3 of that Act or a warrant under Chapter 2 of Part 6 of that Act (acquisition of communications data);

(cza)the giving of an authorisation or notice under Part 3 of that Act or the issue, modification, renewal or service of a warrant under Chapter 2 of Part 6 of that Act;

(czb)conduct of a kind which may be required or permitted by a retention notice under Part 4 of that Act (retention of communications data) but excluding any conduct which is subject to review by the Information Commissioner;

(czc)the giving or varying of a retention notice under that Part of that Act;

(czd)conduct of a kind which may be required or permitted by a warrant under Part 5 or Chapter 3 of Part 6 of that Act (equipment interference);

(cze)the issue, modification, renewal or service of a warrant under Part 5 or Chapter 3 of Part 6 of that Act;

(czf)the issue, modification, renewal or service of a warrant under Part 7 of that Act (bulk personal dataset warrants);

(czg)the giving of an authorisation under section 219(3)(b) (authorisation for the retention, or retention and examination, of material following expiry of bulk personal dataset warrant);

(czh)the giving or varying of a direction under section 225 of that Act (directions where no bulk personal dataset warrant required);

(czi)conduct of a kind which may be required by a notice under section 252 or 253 of that Act (national security or technical capability notices);

(czj)the giving or varying of such a notice;

(czk)the giving of an authorisation under section 152(5)(c) or 193(5)(c) of that Act (certain authorisations to examine intercepted content or protected material);

(czl)any failure to—

(i)cancel a warrant under Part 2, 5, 6 or 7 of that Act or an authorisation under Part 3 of that Act;

(ii)cancel a notice under Part 3 of that Act;

(iii)revoke a notice under Part 4, or section 252 or 253, of that Act; or

(iv)revoke a direction under section 225 of that Act;

(czm)any conduct in connection with any conduct falling within paragraph (c), (czb), (czd) or (czi);”,

(d)in subsection (6) (limitation for certain purposes of what is conduct falling within subsection (5))—

(i)after “on behalf of” insert “ an immigration officer or ”, and

(ii)after paragraph (d) insert—

“(dza)the Competition and Markets Authority;”,

(e)after subsection (6) insert—

“(6A)Subsection (6) does not apply to anything mentioned in paragraph (d) or (f) of subsection (5) which also falls within paragraph (czd) of that subsection.”,

(f)in subsection (7) after “if” insert “ it is conduct of a public authority and ”,

(g)in subsection (7ZA) (role for Tribunal where judicial authority involved) for “under section 23A or 32A” substitute “ by a Judicial Commissioner or under section 32A of this Act or section 75 of the Investigatory Powers Act 2016 ”,

(h)after subsection (7ZA) insert—

“(7ZB)For the purposes of this section conduct also takes place in challengeable circumstances if it is, or purports to be, conduct falling within subsection (5)(bb), (cza), (czc), (cze), (czf), (czg), (czh), (czj), (czk) or (czl) or (so far as the conduct is, or purports to be, the giving of a notice under section 49) subsection (5)(e).”,

(i)in subsection (8) (matters that may be challenged before the Tribunal) for paragraphs (a) and (b) substitute—

“(a)a warrant under Part 2, 5, 6 or 7 of the Investigatory Powers Act 2016;

(b)an authorisation or notice under Part 3 of that Act;

(ba)a retention notice under Part 4 of that Act;

(bb)a direction under section 225 of that Act;

(bc)a notice under section 252 or 253 of that Act;”, and

(j)after subsection (9) insert—

“(9A)In subsection (5)(ba) the reference to obtaining secondary data from communications transmitted by means of a postal service or telecommunication system is to be read in accordance with section 16 of the Investigatory Powers Act 2016.”

(2)In section 67(7) of the Act of 2000 (powers of the Tribunal)—

(a)after paragraph (a) insert—

“(aza)an order quashing or cancelling a notice under Part 3 of the Investigatory Powers Act 2016 or a retention notice under Part 4 of that Act;

(azb)an order quashing or revoking a direction under section 225 of that Act;

(azc)an order quashing or revoking a notice under section 252 or 253 of that Act;”,

(b)in paragraph (aa) for “section 23A or 32A” substitute “ section 75 of the Investigatory Powers Act 2016 or section 32A of this Act ”, and

(c)in paragraph (b)(i) after “authorisation” insert “ or by a notice under Part 3 of the Investigatory Powers Act 2016 ”.

(3)In section 68(5)(b) of the Act of 2000 (report of certain findings to the Prime Minister) after “permission” insert “ , or notice under Part 4 of the Investigatory Powers Act 2016 or under section 252 or 253 of that Act or direction under section 225 of that Act, ”.

(4)In section 68(6)(b) of the Act of 2000 (disclosures etc. to the Tribunal to enable the exercise of functions conferred by or under that Act) after “this Act” insert “ or the Investigatory Powers Act 2016 ”.

(5)In section 68(7) of the Act of 2000 (persons subject to duty to co-operate with the Tribunal)—

“(g)every person by or to whom an authorisation under Part 3 of that Act has been granted;

(h)every person to whom a notice under Part 3 of that Act has been given;

(ha)every person to whom a retention notice under Part 4 of that Act or a notice under section 252 or 253 of that Act has been given;”,

(d)in paragraph (k), for the words from “an authorisation” to the end substitute “—

(i)an authorisation under Part 3 of the Investigatory Powers Act 2016, Part 2 of this Act or Part 3 of the Police Act 1997, or

(ii)a warrant under Chapter 2 of Part 6 of the Investigatory Powers Act 2016;”,

(e)in paragraph (l) after “authorisation” insert “ or warrant ”, and

(f)in paragraph (n) after “(h)” insert “ , (ha) ”.

(6)In section 68(8) of the Act of 2000 (meaning of “relevant Commissioner”) for the words from “Interception” to the end substitute “ Investigatory Powers Commissioner or any other Judicial Commissioner or the Investigatory Powers Commissioner for Northern Ireland ”.

Print The Whole Cross Heading

Print This Section only

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open The Whole Act as a PDF

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open The Whole Act without Schedules as a PDF

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

Why the government is proposing to intervene;

The main options the government is considering, and which one is preferred;

How and to what extent new policies may impact on them; and,

The estimated costs and benefits of proposed measures.

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy